| Bonini v Zillner |
| 2005 NY Slip Op 02183 [16 AD3d 1180] |
| Decided on March 18, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, MARTOCHE, AND HAYES, JJ.
1557 CA 04-01264
[*1]CHARLES E. BONINI, PLAINTIFF-APPELLANT, ORDER
v
FREDERIC M. ZILLNER, ET AL., DEFENDANTS, PAUL M. WAGNER, JAMES P. LEMKE AND PLAY MORE GOLF, LLC, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered January 7, 2004. The order granted the motion of defendants Paul M. Wagner, James P. Lemke and Play More Golf, LLC for summary judgment on their second counterclaim.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR PLAINTIFF-APPELLANT.
WAGNER & HART, OLEAN (EDWARD J. WAGNER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on December 10 and 20, 2004 and filed with the Cattaraugus County Clerk's Office on February 10, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court